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The Federal Court partly granted a discovery-motion in a certified class proceeding, requiring limited production of use-of-force and related RCMP records from specified dates.
The Court allowed the PPS appeal: s.15(1)(f) authorizes withholding of materials that relate to or were used in the exercise of prosecutorial discretion, including police investigative materials and internal PPS notes and assessments used to decide whether to commence/continue prosecution or order a new trial; the motions judge erred by treating preparatory materials and items provided to PPS by defence counsel as categorically nonâexempt and by misapplying the legal standard. Further, s.20(3)(b) creates a rebuttable presumption that personal information compiled as part of a criminal investiâŚ
Source excerpt
The appeal is allowed because the record and decision letter lacked an adequate evidentiary foundation and intelligible reasons to permit meaningful judicial review of the s.26 and s.27 exemption decisions; the Federal Court judgment is set aside and the matter is remitted to a different decision-maker for redetermination in accordance with the Court's directions (while finding CIC's limitation to National Headquarters and exclusion of IRB records to be reasonable/correct).
Source excerpt
The court ordered disclosure of contact information and limited demographic personal information, subject to safety exceptions and confidentiality undertakings for defence counsel.
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